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Thompsons Solicitors
Victory for Mesothelioma Victims in Landmark High Court Test Case
24th November 2008
A ruling has been made by the High Court in respect of the landmark “trigger issue” test case, affecting the rights of mesothelioma victims and their families to claim compensation. Our specialist industrial disease lawyers were involved in the case, heard over nine weeks during June and July 2008.
Mesothelioma Trigger Issue
Like other asbestos-related illnesses, mesothelioma can take decades to develop after a person is exposed to asbestos. In many cases, the employer or company responsible for the exposure becomes defunct before the disease occurs. If the insurance company at the time of the asbestos exposure can be traced, a claim could still be made.
Recently, several insurers refused to pay out damages ordered by the courts, arguing that the policies they sold to employers to insure them against liability for work-related illnesses and personal injuries suffered by employees were “triggered” by the onset of the illness rather than the asbestos exposure.
If the insurers had been successful, thousands of mesothelioma sufferers and bereaved families mourning the loss of a loved one would no longer have a right to claim compensation.
On 21 November 2008, however, the High Court ruled that the insurers were still liable to pay compensation in an important decision for anyone affected by this devastating illness.
Asbestos Victim
One test case heard was brought by the family of Charles O’Farrell who sadly died in 2003. He was employed as a steel erector during the 1960s, by a company that ceased trading in 1986 and went into liquidation. His employer negligently exposed him to asbestos and he went on to develop mesothelioma as a result.
Mr O’Farrell’s daughter commented: “My dad died a painful death from mesothelioma and watching him suffer was agonising for all of us. Excess Insurance poured salt into the wound by forcing us to fight them in court to receive compensation which we had already been awarded but they refused to pay.”
Ian McFall is Head of Asbestos Policy at Thompsons Solicitors, the Legal Line’s lawyers. He said of the ruling: “The court had to grapple with many difficult and complex legal issues in this important test case to decide the true meaning and effect of the insurance policies. The outcome is a great relief for many asbestos victims and their families and a victory for fairness, justice and common sense.”
Industrial Disease Claim Advice
Our lawyers have extensive experience in all areas of personal injury and industrial disease, so can provide you with specialist advice on whether you may be able to claim compensation and how best to pursue this.
If you or a member of your family is suffering from mesothelioma, or any other asbestos-related illness, contact us on 0800 0328511, or by completing a claim enquiry form online.
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